India’s criminal laws have seen a significant transformation with the Bharatiya Nyaya Sanhita (BNS), 2023. One crucial provision is Section 91 of BNS 2023, which deals with protecting unborn and newborn children. This law aims to prevent illegal abortions and infanticide, ensuring justice for the most vulnerable.
Understanding this law is essential for legal professionals, medical practitioners, and society at large. In this article, we explore the meaning, significance, and real-life impact of Section 91 with relevant case laws.
What is Section 91 of BNS 2023?
Section 91 of Bharatiya Nyaya Sanhita focuses on acts that prevent a child from being born alive or cause its death after birth. This provision aims to safeguard human life at its most fragile stage.
The law applies to individuals who intentionally cause harm to an unborn or newborn child. Such actions are considered a serious offense and can lead to severe penalties.
Key Provisions of Section 91 of BNS 2023
- Preventing Birth Intentionally – Any deliberate act to stop a child from being born alive is a punishable crime.
- Causing Death After Birth – If a person takes actions leading to the death of a newborn, they will face strict legal consequences.
- Legal Exceptions – Medical professionals performing legal abortions under the Medical Termination of Pregnancy (MTP) Act are not penalized. Also, acts done in good faith to save the mother’s life are not criminalized.
Importance of Section 91
1. Protecting Unborn and Newborn Children
This law ensures that every child has the right to life. It protects against gender-based violence, illegal abortions, and infanticide, which remain serious concerns in India.
2. Ensuring Women’s Rights
While protecting the unborn, Section 91 of Bharatiya Nyaya Sanhita also respects a woman’s reproductive rights. The law does not criminalize legal medical procedures and protects women from forced abortions.
3. Preventing Medical Negligence
Doctors and healthcare providers must adhere to legal medical procedures. This law ensures accountability in cases where negligence might harm the unborn or newborn.
Case Laws Related to Section 91 of BNS 2023
1. Suchita Srivastava v. Chandigarh Administration (2009)
The Supreme Court ruled that a woman has the right to reproductive choice. However, this must be balanced with the rights of the unborn.
2. Dr. Mangla Dogra v. Anil Kumar Malhotra (2012)
This case reinforced that medical professionals following legal procedures are not criminally liable under this law.
3. K.M. Nanavati v. State of Maharashtra (1959)
Though not directly linked to Section 91, this case highlights how criminal intent is crucial in legal decisions. Similarly, proving intent in cases under Section 91 is essential.
Challenges and Concerns
1. Balancing Fetal Rights and Women’s Autonomy
While protecting unborn children, the law must ensure it does not infringe upon a woman’s right to choose. The challenge lies in maintaining this balance.
2. Difficulties in Proving Intent
Many cases related to Section 91 of Bharatiya Nyaya Sanhita require proving intent, which can be complex, especially in cases of domestic violence or medical negligence.
3. Potential Misuse of Law
There is a possibility of the law being misused to harass medical professionals or women in distress. Strong legal safeguards must be in place to prevent this.
Role of Society in Implementing Section 91
- Awareness Campaigns – Educating people about the law can help in reducing illegal practices.
- Medical Training – Doctors and healthcare workers must be well-versed in legal medical procedures.
- Legal Aid for Victims – Victims of forced abortions or infanticide should have access to legal help and protection.
Disclaimer
This article provides an overview of Section 91 of Bharatiya Nyaya Sanhita for informational purposes. It is not legal advice. Consult a qualified lawyer for specific legal concerns.
Conclusion
Section 91 of Bharatiya Nyaya Sanhita is a significant step toward protecting unborn and newborn children. It addresses serious concerns like illegal abortions, infanticide, and medical negligence. However, its implementation must be fair and balanced to prevent misuse. Understanding this law helps in building a just and informed society.
By spreading awareness, ensuring legal safeguards, and respecting reproductive rights, we can create a system that values every human life while upholding justice.
